Arizona has strict laws against racing or showing an “exhibition of speed” on public roads and highways. Exhibition of speed can refer to any action intended to impress others, show off a vehicle’s power or speed, or engage in reckless driving behaviors. In some cases, revving an engine can be enough to result in a charge under this statute.
If you have been charged with racing or exhibitionist speeding by revving your engine, contact our Arizona criminal speeding lawyer to discuss your legal options today.
Understanding Arizona’s Laws Against Racing
Arizona is clear in its prohibition of racing, drag racing, street racing, and exhibitions of speed or acceleration on public roads. Arizona Revised Statute (ARS) § 28-708(A) states:
A person shall not drive a vehicle or participate in any manner in a race, speed competition or contest, drag race or acceleration contest, test of physical endurance or exhibition of speed or acceleration or for the purpose of making a speed record on a street or highway.
Violating this law is a class 1 misdemeanor. Knowingly aiding and abetting someone else in the commission of a violation of the racing law is a class 2 misdemeanor.
Is Revving Your Engine Enough to Warrant an Arrest for Racing?
Under the language of state law, it is possible to face an exhibitionist speeding charge in Arizona for simply revving an engine or opening the throttle. If a police officer believes you took this action with the intention of showing off the power of the vehicle or impressing others, this can be enough to result in charges, even if you were never actually speeding or racing.
Engine revving – especially more than once or while next to another vehicle – could be viewed as a challenge for others to join you in a race or engage in reckless driving behaviors. Even if you did not participate in a race after revving your engine, this action alone could lead to criminal prosecution under Arizona’s racing statute.
Penalties for Racing or Exhibitionist Speeding in Arizona
If you get convicted under ARS § 28-708 for revving your engine in Arizona, you could face significant consequences. This includes a fine of no less than $250, mandatory community service hours and even a jail sentence. Your driver’s license will be suspended for up to 90 days upon arrest; then, a judge may order a longer license suspension as part of your conviction.
If this is not your first violation of Arizona’s racing law within 24 months, your charges will be escalated to a class 6 felony. You will no longer be eligible for probation or release until you have served at least 10 days in jail or prison. The penalties will also be increased to a fine of up to $500 and one year of driver’s license suspension.
How to Beat a Charge for Racing or Exhibitionist Speeding
If you get ticketed or face criminal charges for revving your engine in Arizona, there are ways to fight back and protect your rights. Contact a Phoenix criminal defense attorney right away to review your case and defense options with you.
A skilled Arizona racing attorney could build a defense based on arguments such as:
- You had no intent to show off your vehicle, speed or challenge others to a race.
- You were unaware of the presence of another vehicle.
- You were testing out the engine of a new car.
- You were not yet used to a new car and accidentally revved or squealed your tires.
- You were checking your vehicle for possible engine problems.
- Law enforcement did not act properly during the traffic stop (rights violations).
The right criminal speeding attorney in Arizona can question the evidence the prosecution has against you, develop a tailored defense strategy, negotiate for reduced charges or case dismissal, and represent you at trial if your case goes to court in Arizona – helping you mitigate racing or exhibitionist speeding charges as much as possible.
